Users could play titles without paying for them. The defendant company denied everything but paid.
Nintendo accepted a 2 million dollar deal in a lawsuit of intellectual property against an online store called UberChips.
Earlier this year, the Japanese company filed a lawsuit against UberChips in a court in Ohio (United States) alleging that it sold products of the piracy group Team Xecuter, with which users could install and play pirated titles from the Nintendo Switch console.
Following the lawsuit filed by Nintendo, UberChips became unavailable, but the Japanese company decided to continue with the lawsuit. UberChips denied all allegations, but now the two parties managed to reach an agreement.
The Ohio court ruled that UberChips must pay $ 2 million to Nintendo, according to court documents collected by the site. Torrent Freak.
“By this order, the plaintiff is awarded a judgment against all defendants jointly and severally, for the amount of $ 2,000,000.00“, indicates the sentence.
The court also established a permanent injunction against UberChips by which they will not be able to “offer, sell or supply to the public any device”, “participate in the infringement of any copyright of Nintendo“as well as” competing unfairly with Nintendo. “
In addition, Nintendo filed another lawsuit that remains against eight other sites that allegedly also sold Team Xecuter products.
Not all is good news for the Japanese company in court. On the 22nd of last month, the French consumer defense association UFC-Que Choisir filed a lawsuit against the video game manufacturer claiming that the controls of the consoles produced by the Japanese company break “too fast” for having a system of “programmed obsolescence”.
UFC-Que Choisir had already publicly denounced last year the fragility of some controls of the Nintendo Switch console and, last January, the director of Nintendo France offered to repair any faulty controls at no costeven if it was no longer covered under warranty.
From the association they affirmed that with a problem “known for three years, the Japanese company must now commit to fixing the problem, rather than simply correcting it. “
In January, the head of Nintendo France offered to repair any faulty controllers free of charge, even if it was no longer covered by warranty.
But according to the French association the underlying problem had not been fixed, “And the complaints have kept coming.”
“With the problem known for three years, the Japanese company must now commit to fixing the problem, instead of just correcting it, “he said.
He identified two potential causes for the problem known as “Joy-Con Drift”– A premature failure of the printed circuit boards or a failure that lets too much dirt get into the control.
“65% of affected consumers say this problem occurred less than a year after purchase “Que Choisir noted, adding that it occurred “even to people who play less than five hours a week.”
Under French law, planned obsolescence is punishable by fines of up to 5% of annual sales when use is demonstrated “of techniques by which a seller intends deliberately shorten service life of a product in order to increase its replacement rate. “